Derry ZBA rejects appeal of Dumpster Depot decision

The ZBA voted 5-0 Thursday, saying not enough new information or evidence had been brought forth by Dumpster Depot, or Accurate Transport, through its attorney.

"I don't see any point of law that would make me change my vote,' said ZBA Chairman Alan Virr.

In its Nov. 7 decision, the ZBA voted to grant the appeal of state Rep. John O'Connor of the Dumpster Depot site plan. Virr said the board found the Planning Board erred when it determined that the business falls under industrial permitted uses as a contractor's yard.

O'Connor has said he the business isn't appropriate for the area and will diminish property values. He also said the plan will place Dumpsters close to an area that has a movie theater, Wal-Mart, a restaurant and other businesses.

Dumpster Depot owner David Paul has said he understands residents living near the proposed facility don't want it in their backyard, but that it is allowed in the industrial zone.